4 Questions to Ask a Cerebral Palsy Lawyer – Cerebral palsy occurs when damage to the brain’s motor cortex, which controls muscle movement. The damage can occur during pregnancy, childbirth, or after birth up to about age five.
Cerebral palsy is a permanent condition that can cause muscle control and movement problems. Medical expenses for infants with cerebral palsy and intellectual disability were 26 times higher than those without cerebral palsy.
If a couple has a child who has been diagnosed with cerebral palsy, they may be wondering what their next steps should be. One thing they can do is speak with a cerebral palsy lawyer and view the legal advocates’ page to get started.
This blog will discuss four questions one should ask any lawyer specializing in cerebral palsy cases.
1. What Is Your Experience With CP Cases?
It is vital to find an attorney with specific experience with such cases. This way, one can be confident that they are familiar with the unique challenges of these types of cases.
A good start is asking the lawyer how many cerebral palsy cases they have handled in the past. If they have significant experience, they should be able to give one a rough estimate. Also, try to view the legal advocates’ page before proceeding with the questions.
Parents should also ask about the outcomes of these cases. It will give them an idea of their success rate and what to expect from working with them.
2. What Are the Typical Causes of CP?
Some of the cases which are eligible for financial compensation are those that were caused by:
-Medical negligence during the pregnancy
-Medical negligence during the delivery process
-Infections that resulted in inflammation of the brain or spinal cord
-Brain damage due to a lack of oxygen
If any of the above caused your child’s cerebral palsy, you might be able to file a medical malpractice claim.
For example, infections like meningitis or encephalitis can often be linked to medical negligence if not caught and treated promptly.
Additionally, it may also be caused by:
-A traumatic brain injury (TBI)
-Exposure to toxins like lead paint or mercury
3. What Are the Potential Legal Options Available for the Lawsuits?
The potential legal options available for cerebral palsy lawsuits will vary depending on the individual case. However, some of the most common lawsuits include medical malpractice, birth injury, and wrongful death claims.
A medical malpractice claim may be filed if it can be proven that the doctor or other medical professional made a mistake during the delivery process that contributed to the child’s development of cerebral palsy.
A birth injury claim may be filed if it can be proven that the hospital or other medical facility was negligent, which led to the child’s development of cerebral palsy.
4. What Is the Process for Filing a Lawsuit?
The steps involved in filing a cerebral palsy lawsuit vary depending on the jurisdiction in which the case is filed. The basic ones are:
(i) filing a complaint with the court,
(ii) serving the complaint on the defendants, and
(iii) participating in pre-trial procedures.
5. What is the Cost of a CP Lawyer?
Some lawyers may charge a lower rate, while others may charge more. Therefore, you should ask your lawyer to estimate your case’s total cost before hiring them.
You might also get help paying for a lawyer through grants or other financial assistance programs.
Whether you are the parent of a child with CP or an adult living with the condition, you may need the assistance of a lawyer at some point. The above questions are just a starting point for your conversation. Be sure to get clarification on anything unclear.